Q: My family has had some hard times of late, and we've decided to move back to our home state and start all over. My real estate agent said we would have trouble selling our house because of the judgment liens we have against us. Is there a way out of this mess?

A: If your house is your Texas homestead, judgment liens do not attach to it. You can sell your homestead and keep all of the proceeds of the sale for six months. During that six months, you can reinvest in another Texas homestead, or spend it as fast as you can. After six months, your creditors can go after the proceeds. If you put your house on the market, pick a title company and let them help you through the process of clearing the title. It may take a little time and patience, but it is well worth it in the long run.

Q: I hired a fence repair company to rebuild part of my fence. While they were performing the repair, they raised the price by $1,000 because of unplanned "extra work" that would be required. When I resisted, they threatened to stop work (with part of the fence down) and file a lien on my property. Can they do that?

A: A contractor who performs work on your property has the right to put a lien on it merely by filing an affidavit in the real property records. They can foreclose on your property, too, if they don't get paid. They can't leave your property open to the public (and cause damage) so they could be liable if they don't finish the job. If the property is your homestead, the lien is invalid unless the repair was agreed to, in writing and signed by husband and wife prior to any work being done.

The real issue here, though, is the contractor is being unreasonable. It was bid, you agreed to the repair, and they are attempting to put you over a barrel and cheat you. Don't hire anyone to do any work on your property without checking them out thoroughly, and getting references.

Q: I've just remarried and am starting a new life. We are getting ready to buy a new house, and I want to be sure my wife gets title to the house if I should die first. We are using my money to buy the house, although she can help with the mortgage payments. How can I be sure she gets full legal title to the house?

A: You couldn't have asked a more complicated question. Texas homestead and community property laws play a big part in this decision. Should you die first, your children may feel they have a claim to the home as part of their inheritance and contest your will. You may want to try to take title as joint tenants with a right of survivorship, or you can take title to the house as a life estate with the future interest vesting in your new spouse. Those are pure legal issues, and the law dictates how title will transfer. In either case, get to a lawyer who can advise you. These are not simple "form" issues and you will need good legal advice.

Q: Once a seller enters into a contingency contract, can they leave the property in the active status in the MLS until the buyer on their home receives a contract on the home they are selling, or does the status have to go to option pending? The sellers requested it remain in active status. Is this allowed or is there a certain time frame that it can be left in active?

A: The Houston Association of Realtors MLS rules require once a seller enters in to a "contingency contract" the listing agent representing that seller has three days to submit the contingency to Multiple. See Rule #No. 2.5 Reporting Sales to Multiple. It does not matter what the seller has requested, you as the agent still have only three days to submit the status change from active to either option pending or pending, continue to show.

To send us a question visit www.AskGeorge.net and select the "Ask A Question" button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.